Saturday, June 21, 2014

New Issue: Die Friedens-Warte

The latest issue of Die Friedens-Warte (2013, nos. 3-4) is out. Contents include:
  • Accountability of Peacekeepers
    • Andreas von Arnauld & Sinthiou Buszewski, Modes of Legal Accountability: The Srebrenica Example
    • Christiane Ahlborn, To Share or Not to Share? The Allocation of Responsibility between International Organizations and their Member States
    • Katarina Lundahl, The United Nations and the Remedy Gap: The Haiti Cholera Dispute
    • Philipp Stöckle, Victims Caught Between a Rock and a Hard Place: Individual Compensation Claims against Troop-Contributing States
    • Tomas Macura, Accountability and Protection of UN Peacekeepers in Light of MONUSCO
    • Vanshika Vij, Individual Criminal Responsibility Under Aiding and Abetting After the Specific Direction Requirement in the Taylor and Perišić Cases
    • Hannah Birkenkötter, Explaining Srebrenica: Establishing a Narrative through Criminal Trials
    • María Juliana Machado Forero, Sandra Karlsson, & Lisa-Marie Rudi, The Victims Who Are Not Quite Victim Enough: How the ICC Creates Divides Within Victim Communities

Friday, June 20, 2014

New Issue: Review of International Organizations

The latest issue of the Review of International Organizations (Vol. 9, no. 2, June 2014) is out. Contents include:
  • Special Issue: The Political Economy of Multilateral Trade Negotiations
    • Peter Egger & Marcelo Olarreaga, Introduction to the special issue on the political economy of multilateral trade negotiations
    • Simon J. Evenett, The Doha Round impasse: A graphical account
    • Katerina Gradeva & Dany Jaimovich, Multilateral determinants of regionalism revisited
    • Erik van der Marel & Sébastien Miroudot, The economics and political economy of going beyond the GATS
    • Bernard Hoekman, Sustaining multilateral trade cooperation in a multipolar world economy
    • Richard Baldwin, WTO 2.0: Governance of 21st century trade

Call for Papers: Imagining Post-Neoliberal Regulatory Subjectivities

The research project How to Rule the Economy? has issued a call for papers for a seminar on "Imagining Post-Neoliberal Regulatory Subjectivities." Here's the call:

Imagining post-neoliberal regulatory subjectivities: call for papers

The tide of neoliberalism lies at the heart of the modus operandi of Western societies. Its first wave pushed an agenda of deregulation. The second wave started a reflexive process of re-regulation. Standards, codes of conduct, recommendations and other soft legal instruments proliferated to address the market failures and information asymmetry problems unearthed by the initial ebb of regulation.

The neoliberal deregulatory push introduced a flurry of instruments which challenge legal orthodoxy. These instruments seem to be performing a novel ontology of law, one which eludes the previous legal heuristic of prescription and proscription, inclusion and exclusion. The central-but hitherto under-conceptualised-tenet of this transformation is that law no longer leaves its subjects radically free to act within the bounds of law. Instead, regulation extends its reach to virgin territory, within the subject itself.

The new art of regulation works through establishing elaborate schemes aimed at producing actors with appropriate agency – or in anthropomorphic terms, a subjectivity. Many of these subjectivity regulation processes have taken place inside economic actors. For example, the Basel banking rules, the ISO 26000 Guidance on social responsibility and the OECD Principles of Corporate Governance all articulate and assign actors specific subjectivities to perform. By scripting the internal cognitive and control flows, the regulatory schemes seem to control the conduct of their subjects by affecting the subjects’ selves.

This subjectivity turn is a challenge to regulatory theory. We are not accustomed to think that law purposely changes its subjects. Simultaneously, the fundamental change seems to also open a possibility for transcending the paralysing effects of zombie neoliberalism. A new space for ethical struggle emerges. Despite its origins in ordoliberal schemes of ameliorating perceived rationality deficiencies in economic theory and practice, subjectivity regulation is inherently inundated by ethical programs and value judgements. Once the self of the subject is on the table, even a progressive ethics can no longer be bracketed away in the favour of external rationalities or set, immobile neoliberal subjectivities. The playing field is levelled: regulation becomes a battlefield of multiple ethics and concomitant assemblages of things, ideas and subjects.

How to Rule the Economy, a research project funded by the Academy of Finland, is organising a seminar on imagining post-neoliberal regulatory subjectivities. We call for papers dealing with different aspects of the subjectivity turn. The papers could, for example, map the possible genealogies for the emergence of post-neoliberal law, or address the implications of anthropomorphic corporate regulation, or transformations in sovereign subjectivities.

The seminar takes place in south-western Finland, in a former leper colony, from October 15 to October 17 2014. The seminar is intended for late stage PhD students and early career post-docs. We will accept 8-12 applicants to give papers. The generous support from How to Rule the Economy and Faculty of Law, University of Turku allows us to pay for travel and accommodation for presenters. If you would like to participate, please send us an abstract (max. 600 words) at the latest on August 15, 2014 to

Arnone & Borlini: Corruption: Economic Analysis and International Law

Marco Arnone & Leonardo S. Borlini (Bocconi Univ. - Law) have published Corruption: Economic Analysis and International Law (Edward Elgar Publishing 2014). Here's the abstract:

Corruption presents many legal and regulatory challenges, but these challenges cannot be met by the law in isolation. This book presents economic analysis of crime as an essential tool for shaping an effective legal apparatus.

The authors contend that in order to assess whether and how to regulate corruption, it is necessary to start with a thorough inquiry into the causes, institutional and social effects, and most of all, actual and potential economic and financial consequences of crimes. This, they argue, should inform and help shape a balanced legal and regulatory approach to corruption.

Economic analysis is also the key to measuring the efficacy of current anti-corruption instruments, and in the light of this the book finds many existing legal counter-measures lacking. On the other hand, its assessment of new international instruments and their domestic implementation and enforcement, and the monitoring mechanisms embedded by certain international organizations, demonstrates a clear relationship between realistic economic analysis and effective solutions to the economic and legal problems posed by corruption.

Offering a comprehensive legal study of corruption and grounded in economic analysis, this detailed book will appeal to scholars and researchers in crime and corruption, international public organizations and anti-corruption agencies.

Krabbe: Excusable Evil: An Analysis of Complete Defenses in International Criminal Law

Maartje Krabbe (Radboud Univ. - Law) has published Excusable Evil: An Analysis of Complete Defenses in International Criminal Law (Intersentia 2014). Here's the abstract:

Could Hitler have pleaded insanity? Can a soldier participating in a massacre claim duress because his superior forced him? In domestic criminal law complete defenses, such as insanity and duress, are relatively common legal concepts. But what is the role of these arguments in international criminal law? Can horrific large-scale crimes, such as genocide and crimes against humanity, ever be excused?

This book provides an analysis of cases featuring complete defenses before international criminal courts (IMT, IMTFE, ICTY, ICTR and ICC). The conclusion of the analysis is that international criminal courts recognize most complete defenses in principle. However, they consistently reject them in practice. Courts thus tend to say: “Insanity is available as a complete defense … but not in this case”. This conclusion raises questions as to the compatibility between complete defenses and international crimes: When they are never accepted in practice, should such defenses be available at all? The final Part of the book answers this question in the affirmative and provides recommendations on the contents of complete defenses in the field of international criminal justice.

Tooze: The Great War and the Remaking of Global Order, 1916-1931

Adam Tooze (Yale Univ. - History) has published The Great War and the Remaking of Global Order, 1916-1931 (Allen Lane 2014). Here's the abstract:
In the depths of the Great War, with millions of dead and no imaginable end to the conflict, societies around the world began to buckle. As the cataclysmic battles continued, a new world was being born. Adam Tooze's extraordinary new book is a truly global history from 1916 to the 1920s. It shows how the war and its aftershocks completely reshaped country after country, leaving politicians to battle with circumstances unimaginable before 1914. New ideologies took over entire nations, empires which had lasted since the Middle Ages collapsed in ruins and an entirely new architecture had to be created for running the world if a second, perhaps even more terrible conflict, was to be avoided.

Thursday, June 19, 2014

Woltag: Cyber Warfare: Military Cross-Border Computer Network Operations under International Law Author(s):

Johann-Christoph Woltag has published Cyber Warfare: Military Cross-Border Computer Network Operations under International Law (Intersentia 2014). Here's the abstract:
In the last five years the topic of cyber warfare has received much attention due to several so-called “cyber incidents” which have been qualified by many as State-sponsored cyber attacks. This book identifies rules and limits of cross-border computer network operations for which States bear the international responsibility during both peace and war. It consequently addresses questions on jus ad bellum and jus in bello in addition to State responsibility. By reference to treaty and customary international law, actual case studies (Estonia, Georgia, Stuxnet) and the Tallinn Manual, the author illustrates the applicability of current international law and argues for an obligation on the State to prevent malicious operations emanating from networks within their jurisdiction.

Ní Aoláin: The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda

Fionnuala D. Ní Aoláin (Univ. of Minnesota - Law) has posted The Gender Politics of Fact-Finding in the Context of the Women, Peace and Security Agenda (in The Future of Human Rights Fact-Finding, Philip Alston & Sarah Knuckey eds., forthcoming). Here's the abstract:
In the immediate aftermath of the Global Summit on Preventing Sexual Violence in Conflict, this paper examines the gendered politics of fact-finding. In the context of a decade plus of the Women, Peace and Security agenda and a flurry of UN Security Council Resolutions this paper gives close attention to the constitutive dimensions of producing and identifying facts which then enable political and legal positioning on violence against women in general, and sexual violence in particular. The analysis has particular relevance in the context of agreement on a non-binding Protocol on the Documentation and Investigation of Sexual Violence in Conflict (June 2014). I argue that the Protocol elevates fact-finding as part of the discourse and trade in elevating sexual harms in conflict and post-conflict settings. The Protocol also reflects a technocratic response to addressing sexual violence, accompanied by a plethora of gender advisors, rapid response deployment teams to measure and evidence gather on sexual violence, and an overall emphasis on ‘gender’ projects rather than gendered transformation. The analysis is advanced in the context of a broader theoretical critique which addresses intimate violence, and concern over the increased emphasis on documenting certain kinds of physical (primarily sexual) harms over other harms (specifically socio-economic, discrimination and autonomy harms). I affirm the ascendency of sexual violence (notably rape) discourses in international human rights and humanitarian law, the role served by documentation of these ascendant harms and probe the ways in which data collection about penetrative sexual harms serves multiple, and possibly nefarious other interests.

New Issue: Vanderbilt Journal of Transnational Law

The latest issue of the Vanderbilt Journal of Transnational Law (Vol. 47, no. 2, March 2014) is out. Contents include:
  • Margaret K. Lewis, Criminal Law Pays: Penal Law’s Contribution to China’s Economic Development
  • Jamie Darin Prenkert & Scott J. Shackelford, Business, Human Rights, and the Promise of Polycentricity

Amenge Okoth: The Crime of Conspiracy in International Criminal Law

Juliet R. Amenge Okoth has published The Crime of Conspiracy in International Criminal Law (Asser Press 2014). Here's the abstract:
This book looks at the relevance of conspiracy in international criminal law. It establishes that conspiracy was introduced into international criminal law for purposes of prevention and to combat the collective nature of participation in commission of international crimes. Its use as a tool of accountability has, however, been affected by conflicting conceptual perceptions of conspiracy from common law and civil law countries. This conflict is displayed in the decisions on conspiracy by the international criminal tribunals, and finally culminates into the exclusion of punishment of conspiracy in the Rome Statute. It is questionable whether this latest development on the law of conspiracy was a prudent decision. While the function of conspiracy as a mode of liability is satisfactorily covered by the modes of participation in the Rome Statute, its function as a purely inchoate crime used to punish incomplete crimes is missing. This book creates a case for inclusion in the Rome Statute, punishment of conspiracies involving international crimes that do not extend beyond the conceptual stage, to reinforce the Statute’s purpose of prevention. The conspiracy concept proposed is one that reflects the characteristics acceptable under both common law and civil law systems.

Eckardt: Die Entwicklung des Individualrechtsschutzes im internationalen Investitionsschutzrecht Von RAin Dr. Melanie Nadine Eckardt

Melanie Nadine Eckardt has published Die Entwicklung des Individualrechtsschutzes im internationalen Investitionsschutzrecht (Nomos 2014). Here's the abstract:

Die Arbeit befasst sich mit der Existenz von Individualrechten, jenseits der Menschenrechte, im internationalen Investitionsschutzrecht. Ausgangspunkt ist der grundsätzliche Wandel der Stellung des Individuums im Völkerrecht. Die Frage nach der Rechtsqualität von Gewährleistungen in Investitionsschutzverträgen wird in einen allgemeinen völkerrechtlichen Kontext eingebettet. Durch die Fruchtbarmachung der IGH-Rechtsprechung zu Individualrechten soll für die Annahme eigener Rechte der Investoren eine tragfähige dogmatische Grundlage geschaffen werden.

Den Kern der Arbeit bildet die Analyse der materiellen und prozessualen Bestimmungen in internationalen Investitionsschutzverträgen sowie die dazu ergangene Rechtsprechung. Hierbei wird der Frage nachgegangen, ob es sich bei den standardmäßig in den Verträgen enthaltenen Regelungen um eigene Rechte der Investoren handelt, diese also Individualrechtscharakter haben, oder um Rechte der vertragsschließenden Staaten, die Investoren lediglich reflexhaft begünstigen.

Wednesday, June 18, 2014

New Issue: Journal of International Dispute Settlement

The latest issue of the Journal of International Dispute Settlement (Vol. 5, no. 2, July 2014) is out. Contents include:
  • Jean d’Aspremont & Makane Moïse Mbengue, Strategies of Engagement with Scientific Fact-finding in International Adjudication
  • Deyan Draguiev, Bad Faith Conduct of States in Violation of the ‘Fair And Equitable Treatment’ Standard in International Investment Law and Arbitration
  • Erlend M. Leonhardsen, Trials of Ordeal in the International Court of Justice: Why States Seek Provisional Measures when non-Compliance Is to Be Expected
  • Richard Frimpong Oppong & Lisa C. Niro, Enforcing Judgments of International Courts in National Courts
  • Pamela Apaza Lanyi & Armin Steinbach, Limiting Jurisdictional Fragmentation in International Trade Disputes
  • Christian Vidal-León, Inequality of the Parties before the International Court of Justice: Reflections on the Appellate Jurisdiction over ILOAT Judgments

New Issue: Trade, Law and Development

The latest issue of Trade, Law and Development (Vol. 5, no. 2, Winter 2013) is out. Contents include:
  • Articles
    • Ernst-Ulrich Petersmann, ‘Fragmentation’ and ‘Judicialization’ of International Law as Dialectic Strategies for Reforming International Economic Law
    • Donatella Alessandrini, WTO at a Crossroads: The Crisis of Multilateral Trade and the Political Economy of the Flexibility Debate
    • Benoit Mayer, Development is no Excuse for Human Rights Abuses: Framing the Responsibility of International Development Agencies
    • Avidan Kent, The WTO Law on Subsidies and Climate Change: Overcoming the Dissonance?
  • Notes and Comments
    • Evin Dalkilic, The Proposed Horizontal Mechanism: An Evaluation in Light of Existing Procedures under the Dispute Settlement Understanding

New Issue: Nordic Journal of International Law

The latest issue of the Nordic Journal of International Law (Vol. 83, no. 2, 2014) is out. Contents include:
  • Richard Collins, The Rule of Law and the Quest for Constitutional Substitutes in International Law
  • Bruce ‘Ossie’ Oswald & Thomas Winkler, The Copenhagen Process: Principles and Guidelines on the Handling of Detainees in International Military Operations
  • Amsalu Darge Mayessa, Overview on the Notion of Integration of Human Rights: Giving Pragmatic Value to Socio-Economic Rights Rather than Rim Service

New Issue: Journal of International Economic Law

The latest issue of the Journal of International Economic Law (Vol. 17, no. 2, June 2014) is out. Contents include:
  • Ernst-Ulrich Petersmann, Multilevel Governance Problems of the World Trading System beyond the WTO Conference at Bali 2013
  • Wolfgang Alschner, Regionalism and Overlap in Investment Treaty Law: Towards Consolidation or Contradiction?
  • Zeng Huaqun, Balance, Sustainable Development, and Integration: Innovative Path for BIT Practice
  • Bradly J. Condon, Treaty Structure and Public Interest Regulation in International Economic Law
  • Caroline E. Foster, Diminished Ambitions? Public International Legal Authority in the Transnational Economic Era
  • Gabriel Gari, GATS Disciplines on Capital Transfers and Short-term Capital Inflows: Time for Change?
  • Thomas Cottier, Shaheeza Lalani, & Michelangelo Temmerman, Use It or Lose It: Assessing the Compatibility of the Paris Convention and TRIPS Agreement with Respect to Local Working Requirements

Tuesday, June 17, 2014

New Issue: International Criminal Law Review

The latest issue of the International Criminal Law Review (Vol. 14, no. 2, 2014) is out. Contents include:
  • Henry C. Theriault, Legal Avenues for Armenian Genocide Reparations
  • Aram I, The Armenian Genocide: From Recognition to Reparations
  • Susan L. Karamanian, Economic-Legal Perspectives on the Armenian Genocide
  • Patrick Dumberry, The Consequences of Turkey Being the ‘Continuing’ State of the Ottoman Empire in Terms of International Responsibility for Internationally Wrongful Acts
  • Dov Jacobs, Jumping Hurdles Backwards: The Armenian Genocide and the International Criminal Court
  • Marco Roscini, Establishing State Responsibility for Historical Injustices: The Armenian Case
  • Frédéric Mégret, The Notion of ‘Continuous Violations’, Expropriated Armenian Properties, and the European Court of Human Rights
  • Richard J. Wilson, Restoration of Historical Memory and Dignity for Victims of the Armenian Genocide
  • Vahé Tachjian, An Attempt to Recover Armenian Properties in Turkey through the French Authorities in Syria and Lebanon in the 1920s
  • Marcel Brus, Ius Humanitatis and the Right to Reparation for International Crimes in Foreign Domestic Courts
  • Taner Akçam, The Spirit of the Law: Following the Traces of Genocide in the Law of Abandoned Property
  • Sait Çetinoğlu, Foundations of Non-Muslim Communities: The Last Object of Confiscation
  • Irmgard Marboe, Compensation and Damages in International Law and their Relevance for the Valuation of Expropriated Armenian Property
  • Gabriele Della Morte, International Law between the Duty of Memory and the Right to Oblivion
  • Henry C. Theriault, Reparations for Genocide: Group Harm and the Limits of Liberal Individualism

New Issue: International Journal of Marine and Coastal Law

The latest issue of the International Journal of Marine and Coastal Law (Vol. 29, no. 2, 2014) is out. Contents include:
  • Robert C. Beckman & Clive H. Schofield, Defining eez Claims from Islands: A Potential South China Sea Change
  • Alex G. Oude Elferink, The Arctic Sunrise Incident: A Multi-faceted Law of the Sea Case with a Human Rights Dimension
  • Emma Witbooi, Illegal, Unreported and Unregulated Fishing on the High Seas: The Port State Measures Agreement in Context
  • Ane Jørem & Morten Walløe Tvedt, Bioprospecting in the High Seas: Existing Rights and Obligations in View of a New Legal Regime for Marine Areas beyond National Jurisdiction

New Volume: International Law Studies (Blue Book) Series

The latest volume in the International Law Studies (Blue Book) Series (Vol. 90, 2014) is out. Contents include:
  • Michael N. Schmitt, Charting the Legal Geography of Non-International Armed Conflict
  • Beth Van Schaack, The United States' Position on the Extraterritorial Application of Human Rights Obligations: Now is the Time for Change
  • Raul (Pete) Pedrozo, The Bull in the China Shop: Raising Tensions in the Asia-Pacific Region
  • Sarah M. Mountin, The Legality and Implications of Intentional Interference with Commercial Communication Satellite Signals
  • James Farrant, Modern Maritime Neutrality Law
  • Marco Sassoli, Autonomous Weapons and International Humanitarian Law: Advantages, Open Technical Questions and Legal Issues to be Clarified

New Issue: International Journal of Transitional Justice

The latest issue of the International Journal of Transitional Justice (Vol. 8, no. 2, July 2014) is out. Contents include:
  • Jennifer Balint, Julie Evans, & Nesam McMillan, Rethinking Transitional Justice, Redressing Indigenous Harm: A New Conceptual Approach
  • Theo Hollander & Bani Gill, Every Day the War Continues in My Body: Examining the Marked Body in Postconflict Northern Uganda
  • Michelle D. Bonner, ‘Never Again’: Transitional Justice and Persistent Police Violence in Argentina
  • Lydiah Kemunto Bosire & Gabrielle Lynch, Kenya’s Search for Truth and Justice: The Role of Civil Society
  • Nathalie Koc-Menard, Notes from the Field: Exhuming the Past After the Peruvian Internal Conflict
  • Lia Kent, Narratives of Suffering and Endurance: Coercive Sexual Relationships, Truth Commissions and Possibilities for Gender Justice in Timor-Leste

New Volume: Recueil des Cours

Volume 363 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 363
    • S. Sur, La créativité du droit international. Cours général de droit international public
    • D. Turp, La contribution du droit international au maintien de la diversité culturelle

Call for Submissions: Arbitration in the Middle East - Expectations and Challenges for the Future

Transnational Dispute Management has issued a call for submissions for a TDM special issue on "Arbitration in the Middle East - Expectations and Challenges for the Future." Here's the call:

TDM Call for Papers: "Arbitration in the Middle East - Expectations and Challenges for the Future"

The volume of international business either in the Middle East or with a Middle Eastern element is increasing and many of the contracts being used provide for arbitration. While arbitration ("tahkim" in Arabic) has long-standing religious and cultural roots in the Middle East, there are a number of differences and tensions between the Western perception of arbitration and certain Islamic legal principles.

Craig Shepherd and Mike McClure issue this call for papers seeking contributions for a TDM Special to be published later this year entitled "Arbitration in the Middle East - expectations and challenges for the future". The Special will look at some of the differences between the Western and Middle Eastern perceptions of arbitration, and will also consider expectations for the future. Some potential topics include: (a) the legislative framework to support arbitration, including new arbitration laws and regional arbitral centres; (b) whether the modern concept of arbitration can resolve Shari'a disputes; (c) the role public policy should play in relation to judicial involvement with the arbitral process and enforcement or arbitral awards; (d) whether arbitral processes or arbitral laws could or should be reformed so that arbitration better suits the needs of today's Middle Eastern users; and (e) claims under international investment treaties arising out of regional regime change, particularly in North Africa. Contributions can focus on one or a number of countries and comparative pieces referencing a number of jurisdictions would be welcome.

Papers should be submitted directly to the editors ( and on or before 30 September 2014, with a copy to when you submit material. We look forward to hearing from you.

Craig Shepherd
Herbert Smith Freehills LLP

Mike McClure
Herbert Smith Freehills LLP

Moyn: Human Rights and the Uses of History

Samuel Moyn (Columbia Univ. - History) has published Human Rights and the Uses of History (Verso 2014). Here's the abstract:

What are the origins of human rights? This question, rarely asked before the end of the Cold War, has in recent years become a major focus of historical and ideological strife. In this sequence of reflective and critical studies, Samuel Moyn engages with some of the leading interpreters of human rights, thinkers who have been creating a field from scratch without due reflection on the local and temporal contexts of the stories they are telling.

Having staked out his owns claims about the postwar origins of human rights discourse in his acclaimed Last Utopia, Moyn, in this volume, takes issue with rival conceptions—including, especially, those that underlie justifications of humanitarian intervention.

Monday, June 16, 2014

Hernández: The International Court of Justice and the Judicial Function

Gleider I. Hernández (Durham Univ. - Law) has published The International Court of Justice and the Judicial Function (Oxford Univ. Press 2014). Here's the abstract:

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design.

It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations.

The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

New Volume: Recueil des Cours

Volume 362 of the Recueil des Cours, Collected Courses of the Hague Academy of International Law is out. Contents include:
  • Volume 362
    • Mahnoush H. Arsanjani, The United Nations and International Law-Making
    • Denis Alland, L’interprétation du droit international public

New Volume: Baltic Yearbook of International Law

The latest volume of the Baltic Yearbook of International Law (Vol. 13, 2013) is out. Contents include:
  • Gintare Taluntyte, One Step Further: Limiting the Scope of Functional Immunity on the Basis of Universal Jurisdiction? The Khaled Nezzar Case
  • Patrick Dumberry & Daniel Turp, State Succession with Respect to Multilateral Treaties in the Context of Secession: From the Principle of Tabula Rasa to the Emergence of a Presumption of Continuity of Treaties
  • Jolanta Apolevic, Implementation of the Sustainable Development Principle in Nuclear Law

New Volume: Ocean Yearbook

The latest volume of the Ocean Yearbook (Vol. 28) is out. Contents include:
  • Issues and Prospects
    • Biliana Cicin-Sain, Miriam C. Balgos, Joseph Appiott, Gwénaëlle Hamon & Kateryna Wowk, Assessing Progress Made on the Ocean and Coastal Commitments of the 1992 Earth Summit and the 2002 World Summit on Sustainable Development for the 2012 Rio+20 Summit
    • André Gerolymatos, The Turkish Straits: History, Politics, and Strategic Dilemmas
  • Law of the Sea
    • Michael Sheng-ti Gau, The Sino-Philippine Arbitration of the South China Sea Nine-dash Line Dispute: Applying the Rule on Default of Appearance
    • Provisional Measures in ARA Libertad: On the Margins of Jurisdictional Discourse Nuwan Peiris
    • Alexandre Pereira da Silva, Dealing with Articles 76 and 82 of the United Nations Convention on the Law of the Sea: Legal and Political Challenges for Brazil
    • Parinda Ranasinghe Jr., Statement of Understanding and Sri Lanka’s Extended Continental Shelf: What Next?
  • Ocean Governance for Marine Conservation
    • G. Robin South, Shirleen Bala, Cherie Morris, Prerna Chand, Leone Limalevu, Joeli Veitayaki & Clive Wilkinson, Global Changes and Capacity Building in Coral Reef Management in the Pacific: Engaging Scientists and Policy Makers in Fiji, Tonga, Samoa and Tuvalu
    • Hai Dang Vu, Towards a Network of Marine Protected Areas in the South China Sea: Options to Move Forwards
    • Andrei Whitaker, Marine Protected Areas in Canada: A Comparative Law Analysis of the Nova Scotia and British Columbia Experience
  • Polar Oceans Governance
    • Aldo Chircop, Regulatory Challenges for International Arctic Navigation and Shipping in an Evolving Governance Environment
    • Aldo Chircop, Ivan Bunik, Moira McConnell & Kristoffer Svendsen, Course Convergence? Comparative Perspectives on the Governance of Navigation and Shipping in Canadian and Russian Arctic Waters
    • Alexander I. Glubokov, Alf Håkon Hoel, Susan J. Rolston, Sarah Turgeon & David L. VanderZwaag, Governance of Russian Arctic Fisheries in the Barents Sea: Surveying National and Cooperative Currents
    • Natalia Loukacheva, Inuit Perspectives on Arctic Ocean Governance: The Case of Nunavut
    • Lauren Warner, David L. VanderZwaag & Cecilia Engler, Canada and the Governance of Arctic Marine Fisheries: Tending a Fragmented Net
    • Donald R. Rothwell, Legal Challenges for Maritime Operations in the Southern Ocean
    • J.J.P. Smith, A Double-edged Harpoon: The Trial of Science in the Antarctic Whaling Case before the International Court of Justice
  • Maritime Transport and Security
    • Mary R. Brooks, Ricardo J. Sanchez & Gordon Wilmsmeier, Developing Short Sea Shipping in South America: Looking Beyond Traditional Perspectives
    • Godwin Eli Kwadzo Dzah, Toward an Effective Ballast Water Legislative and Implementation Regime: Lessons for Ghana
    • David Testa, Safeguarding Human Life and Ensuring Respect for Fundamental Human Rights: A Consequential Approach to the Disembarkation of Persons Rescued at Sea
  • Regional Developments
    • Nong Hong, China’s Newly Formed Coast Guard and its Implication for Regional Maritime Disputes
    • Robin Mahon, Lucia Fanning & Patrick McConney, Assessing and Facilitating Emerging Regional Ocean Governance Arrangements in the Wider Caribbean Region
    • Celene Milanés Batista, Camilo Botero Saltarén, Pedro Arenas Granados & Juan Alfredo Cabrera, Integrated Coastal Management in Cuba and Colombia: A Comparative Analysis
  • Education and Training
    • Rajendra Prasad & Maximo Q. Mejia Jr., Learning Gains through Application of Collaborative Learning in the Maritime Context
    • Peder Roberts, Kaija Metuzals, Sara Strey, Susan Vanek, Lester Lembke-Jene & Justiina Dahl, Transdisciplinarity and Training Engaged Researchers

New Issue: International Studies Quarterly

The latest issue of the International Studies Quarterly (Vol. 58, no. 2, June 2014) is out. Contents include:
  • Diplomacy and Decision Making
    • Paul C. Avey & Michael C. Desch, What Do Policymakers Want From Us? Results of a Survey of Current and Former Senior National Security Decision Makers
    • Brandon J Kinne, Dependent Diplomacy: Signaling, Strategy, and Prestige in the Diplomatic Network
  • Trade and Globalization
    • Jeremy Caddel, Domestic Competition over Trade Barriers in the US International Trade Commission
    • Laura Gomez-Mera & Andrea Molinari, Overlapping Institutions, Learning, and Dispute Initiation in Regional Trade Agreements: Evidence from South America
    • Damian Raess, Export Dependence and Institutional Change in Wage Bargaining in Germany
    • Tobias Pfutze, Clientelism Versus Social Learning: The Electoral Effects of International Migration
  • International Organizations and Multilateral Cooperation
    • Hye Jee Cho, Impact of IMF Programs on Perceived Creditworthiness of Emerging Market Countries: Is There a “Nixon-Goes-to-China” Effect?
    • Karolina M. Milewicz & Manfred Elsig, The Hidden World of Multilateralism: Treaty Commitments of Newly Democratized States in Europe
  • Non-State Actors
    • Brian J. Phillips, Terrorist Group Cooperation and Longevity
    • Mette Eilstrup-Sangiovanni & Teale N. Phelps Bondaroff, From Advocacy to Confrontation: Direct Enforcement by Environmental NGOs
  • Development and Aid
    • Darin Christensen & Erik Wibbels, Labor Standards, Labor Endowments, and the Evolution of Inequality
    • Jonathan K. Hanson, Forging then Taming Leviathan: State Capacity, Constraints on Rulers, and Development
    • Matthew S. Winters, Targeting, Accountability and Capture in Development Projects
  • Civil War
    • Stephan Haggard & Lydia Tiede, The Rule of Law in Post-Conflict Settings: The Empirical Record
    • Halvard Buhaug, Lars-Erik Cederman and Kristian Skrede Gleditsch, Square Pegs in Round Holes: Inequalities, Grievances, and Civil War

Sunday, June 15, 2014

Lindemann: Cross-Strait Relations and International Organizations

Björn Alexander Lindemann has published Cross-Strait Relations and International Organizations: Taiwan’s Participation in IGOs in the Context of Its Relationship with China (Springer 2014). Here's the abstract:
Taiwan has been excluded from the United Nations and other organizations for which statehood is required and its presence in IGOs is mainly limited to functional and regional organizations that allow flexible models of participation, having a specific name, status and activity space in each organization. Taiwan’s exclusion from major IGOs derives from its unique international status as well as the political controversy over the representation of China in the international arena. Björn Alexander Lindemann provides a substantial analysis of the relationship between Taiwan and China in and with regard to IGOs in the time period between 2002 and 2011. Based on a neoclassical realist approach, he takes a look at the case studies of the WTO, APEC, WHO and UN, and explains Taiwan’s new IGO strategy under President Ma Ying-jeou after 2008 and its impact on Taiwan’s international space.

Apuuli: The Use of Unmanned Aerial Vehicles (Drones) in United Nations Peacekeeping: The Case of the Democratic Republic of Congo (DRC)

Kasaija Phillip Apuuli (Institute for Security Studies) has posted an ASIL Insight on The Use of Unmanned Aerial Vehicles (Drones) in United Nations Peacekeeping: The Case of the Democratic Republic of Congo (DRC).